Sustainable Development and Land Use Update - April 2020 #3

Focus

Thirteen states and several environmental groups sue over energy efficiency rollback

The Hill – April 14

Thirteen states, including California, and several environmental groups filed separate lawsuits against the federal government last Tuesday seeking to block a rule they say will impede efforts to make a number of products more energy-efficient. The rule finalized by the U.S. Department of Energy (DOE) this January begins the lengthy process of updating standards for appliances such as refrigerators and air conditioners only if the new standards provide a 10 percent improvement over existing ones. But critics say even single-digit improvements in energy efficiency can collectively save consumers billions of dollars on utility bills while helping to avoid excess pollution. A DOE analysis produced under the Obama administration estimated the so-called process rule now being rolled back would save 3 billion metric tons of carbon pollution by 2030.

News

Fast-track of environmental reviews met with charges of 'pro-industry bias'

Bisnow – April 20

An ordinance that would expedite environmental reviews for San Francisco development projects met headwinds last week, when the city's historic preservation commission opted to delay a vote on it until at least May. City staff said that the Standard Environmental Requirements ordinance would expedite environmental reviews of certain projects by an average of three months. But citing limitations on public comment tied to the technical difficulties during the virtual hearing last week, commissioners voted to continue in a hearing on May 6. The ordinance would standardize how the city applies environmental protections to projects in accordance with CEQA. It was almost immediately met with opposition from public commenters, who criticized the technical difficulties of the virtual hearing held last week, the aim of the ordinance to expedite environmental reviews, or both.

San Diego moving forward with ‘tiny houses’ law to help solve local housing crisis

The San Diego Union-Tribune – April 20

Homeowners across San Diego would be able to install movable “tiny houses” in their back yards under a proposal the city’s Planning Commission unanimously approved last week. Tiny houses can help solve the housing crisis by creating an affordable option for low-income residents that doesn’t require a taxpayer subsidy, city officials said. Rent from tiny houses can also help homeowners with their mortgage payments, they said. Tiny houses are similar to accessory dwelling units (ADUs), but smaller. Adding them is quicker and cheaper, primarily because they are built in factories and placed on a chassis, while ADUs are built on-site and attached to a concrete foundation. Planning commissioners said Thursday that legislation allowing tiny houses could help the city make up for years of previous laws and regulations that created a local housing crisis by sharply limiting supply.

Berkeley weighs controversial rules for new housing development

San Francisco Chronicle - April 19

The Berkeley City Council is weighing a controversial ordinance that could reshape development on Shattuck Avenue downtown and in parts of West Berkeley by requiring developers to sprinkle affordable housing into their projects. The proposal sponsored by four council members targets “qualified opportunity zones,” low-income areas where developers can bypass federal taxes on their profits, a provision of the Tax Cuts and Jobs Act of 2017, designed to lure investors into these communities. Supporters of the Berkeley proposal, set for a vote after the state shelter-in-place order is lifted, say that opportunity zones only hasten gentrification. The best way to slow it, they say, is to require that affordable housing be included in each new rental development with 10 or more dwellings. The ordinance calls for 20 percent of the units to be affordable, which is no different from Berkeley’s current requirement for new projects. But it takes away the option to pay a $37,000-per-dwelling fee into the city’s housing trust fund instead of building the affordable units.

Los Angeles Times – April 20

Officials in Orange County can move forward with a plan to convert a 76-room hotel in Laguna Hills into temporary housing to prevent a surge of deadly coronavirus cases from spreading in the community, Orange County Superior Court Judge Thomas Delaney ruled this Monday. The county brokered an agreement this month with Elite Hospitality Inc. to lease the Laguna Hills Inn for at least 90 days to shelter homeless individuals who are over 65, have underlying health conditions, are showing symptoms of COVID-19, or who have tested positive for the coronavirus. However, Laguna Hills — a city of roughly 31,000 people in the southern section of the county — sued the hotel’s owner, the county, and a nonprofit specializing in homeless outreach, alleging the project would put the surrounding community at risk and would violate restrictions outlined in the property’s covenants, conditions, and restrictions. Judge Delaney ruled that under state law, the county — acting on behalf of the state — can use the property to address the public health crisis.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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